HB3815ham001 96TH GENERAL ASSEMBLY

Rep. Harry Osterman

Filed: 3/31/2009

09600HB3815ham001 LRB096 03789 JDS 24368 a

AMENDMENT TO HOUSE BILL 3815

AMENDMENT NO. ______. Amend House Bill 3815 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Green Buildings Act.

Section 5. Findings. The General Assembly finds that an efficient green building plan is essential to:

(1) reduce the increasing costs of energy for public buildings and reduce the State's overall energy usage;

(2) preserve the environment and make State buildings better for those who work and study in them, as well as the area around them; and

(3) cut pollution, moderate peak energy demand, better assure the reliability of energy studies, and stabilize energy costs.

Section 10. Definitions. In this Act:

"Board" means the Capital Development Board.

"USGBC" means the United States Green Building Council.

"LEED" means the USGBC Leadership in Energy and Environmental Design green building rating standard.

"GBI" means The Green Building Initiative.

"Major renovation" means a project with a construction budget that equals 40% or more of the building's current replacement cost.

Section 15. Green Buildings Standards.

(a) All new State-funded building construction and major renovations of existing State-owned facilities are required to meet the current LEED-NC standard or the most applicable standard of the LEED family.

(b) All construction and major renovation projects, regardless of size, must achieve the highest level of certification practical within the project budget.

(1) New buildings and major renovations of less than 10,000 square feet must meet the highest standard of the LEED rating system for new commercial construction and major renovation projects, as established by the USGBC, including those credits the Board requires. Certification is not required.

(2) New buildings and major renovations of 10,000 square feet or more must achieve the silver building rating of the LEED rating system for new commercial construction and major renovation projects, as established by the USGBC, including those credits the Board requires. Certification is required.

(c) Exemptions to these standards are buildings that are not "comfort" conditioned as determined by the Board. However, the project design team must document and incorporate all appropriate sustainable building methods, strategies, and technologies in the final design.

(d) State agencies and the project design team may apply to the Board for a waiver from these standards.

(e) Waivers shall be granted by the Board or an appropriate agency when the applicant can demonstrate and document:

(1) An unreasonable financial burden, taking into account the operating and construction costs over the life of the building and the total cost of ownership of the building.

(2) An unreasonable impediment to construction.

(3) The standards would impair the principal function of the building.

(4) The standards would compromise the historic nature of the structure.

Documentation on the submittal must include at a minimum:

(1) Life cycle cost analysis.

(2) Energy modeling.

The design team must provide the documentation for the new project to confirm that LEED design standards have been followed.

(f) The green building standards contained in this Act shall be analyzed and evaluated by the Board 5 years after the effective date of this Act or upon the completion of 10 Board green projects, whichever comes first.

Section 99. Effective date. This Act takes effect upon becoming law.".